Terms of Use

Agreement between User and eainm.com (Encaustic Art Institute)

The eainm.com website is comprised of various web pages operated by Encaustic Art Institute (EAI) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of eainm.com constitutes your agreement to all such Terms. Please read these terms carefully.

Eainm.com is a non-profit business entity. Along with basic information, the site includes artist EAI yearly memberships for sale; paintings for sale through online exhibitions and the EAI Members Online Gallery; paintings for sale through the fundraising gallery. EAI Workshop fees and sign-ups are collected along with basic donations to the organization.

Privacy

Your use of eainm.com is subject to EAI’s Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.

Electronic Communications

Visiting eainm.com or sending emails to EAI constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

EAI does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use eainm.com only with permission of a parent or guardian.

Cancellation/Refund Policy

EAI membership refunds due to hardship are allowed up to 4 weeks past sign-up. Workshop cancellation/refunds are honored up to one week prior to workshop dates. There are no refunds for purchases of paintings or donations.

Links to Third Party Sites/Third Party Services

Eainm.com may contain links to other websites. The linked sites are not under the control of EAI and EAI is not responsible for the contents of any linked site. EAI is providing these links to you only as a convenience and the inclusion of any link does not imply endorsements by EAI of the lor any association with its operation.

No Unlawful or Prohibited Use/Intellectual Property

You are granted non-exclusive, non-transferable, revocable license to access and use eainm.com strictly in accordance with these terms of use. As a condition of your use of the site, you warrant to EAI that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any way which could damage, disable, overburden or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site is the property of EAI or its suppliers and protected by copyright and other proprietary notices, legends or other restrictions contained an any such content and will not make changes thereto.

You will not modify, publish, transit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part – found on thesSite.  EAI content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of EAI and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of EAI or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by EAI from our offices within the USA.  If you access the Service from a location outside the USA, you are responsible for compliance with all local laws.  You agree that you will not use the EAI Content accessed through EAINM.COM in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless EAI, its officers, directors, board members, employees, agents and third parties for any losses, costs, liabilities and expenses relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violations of applicable laws, rules or regulations. EAI reserves the right, at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EAI is asserting any available defenses.

Liability Disclaimer

The information, software, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein.  ENCAUSTIC ART INSTITUTE and/or its suppliers may make improvements and/or changes in the site at any time.

Termination/Access Restrictions

EAI reserves the right in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the site.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and EAI as a result of this agreement or use of the site. EAI’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of EAI’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by EAI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Changes to Terms

EAI reserves the right in its sole discretion, to change the Terms under which eainm.com is offered. The most current version of the Terms will supersede all previous versions. EAI encourages you to periodically review the Terms to stay informed of our updates.

Contact Us: EAI welcomes your questions or concerns

Encaustic Art Institute

18 County Road 55A

Cerrillos, NM 87010

Email:  Mehrens@eainm.com

Phone:  505-424-6487